Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 4 — Extra-territoriality
61

38
An offence under Article 9(1) of that Order (conspiracy).
Public Processions (Northern Ireland) Act 1998 (c. 2)
39
An offence under section 8(8) of the Public Processions (Northern Ireland)
Act 1998 (inciting commission of offences under section 8(7) of that Act).
40
An offence under section 9A(8) of that Act (inciting commission of offences
5
under section 9A of that Act).
Terrorism Act 2000 (c. 11)
41
An offence under section 60 of the Terrorism Act 2000 (inciting in Northern
Ireland the commission of acts of terrorism outside the United Kingdom).
Part 5
10
Other offences: Northern Ireland
42
An offence of conspiracy falling within Article 13(2) or (3) of the Criminal
Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120
(N.I.13)) (forms of conspiracy not affected by abolition of offence of
conspiracy at common law).
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Schedule 4
Section 49(2)

Extra-territoriality
1     (1)
This paragraph applies if—
(a)
any relevant behaviour of D’s takes place wholly or partly in
England or Wales;
20
(b)
D knows or believes that what he anticipates might take place wholly
or partly in a place outside England and Wales; and
(c)
either—
(i)
the anticipated offence is one that would be triable under the
law of England and Wales if it were committed in that place;
25
or
(ii)
if there are relevant conditions, it would be so triable if it
were committed there by a person who satisfies the
conditions.
      (2)
“Relevant condition” means a condition that—
30
(a)
determines (wholly or in part) whether an offence committed
outside England and Wales is nonetheless triable under the law of
England and Wales; and
(b)
relates to the citizenship, nationality or residence of the person who
commits it.
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2     (1)
This paragraph applies if—
(a)
paragraph 1 does not apply;
(b)
any relevant behaviour of D’s takes place wholly or partly in
England or Wales;

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law
62

(c)
D knows or believes that what he anticipates might take place wholly
or partly in a place outside England and Wales; and
(d)
what D anticipates would amount to an offence under the law in
force in that place.
      (2)
The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless,
5
not later than rules of court may provide, the defence serve on the
prosecution a notice—
(a)
stating that on the facts as alleged the condition is not in their opinion
satisfied;
(b)
showing their grounds for that opinion; and
10
(c)
requiring the prosecution to show that it is satisfied.
      (3)
The court, if it thinks fit, may permit the defence to require the prosecution
to show that the condition is satisfied without prior service of a notice under
sub-paragraph (2).
      (4)
In the Crown Court, the question whether the condition is satisfied is to be
15
decided by the judge alone.
      (5)
An act punishable under the law in force in any place outside England and
Wales constitutes an offence under that law for the purposes of this
paragraph, however it is described in that law.
3     (1)
This paragraph applies if—
20
(a)
any relevant behaviour of D’s takes place wholly outside England
and Wales;
(b)
D knows or believes that what he anticipates might take place wholly
or partly in a place outside England and Wales; and
(c)
D could be tried under the law of England and Wales if he committed
25
the anticipated offence in that place.
      (2)
For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to
commit the anticipated offence.
4
In relation to an offence under section 43, a reference in this Schedule to the
anticipated offence is to be read as a reference to any of the offences specified
30
in the indictment.
Schedule 5
Section 56

Amendments relating to service law
Criminal Justice Act 1982 (c. 48)
1
In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in
35
subsection (2A) for “incitement” substitute “encouragement and assistance”.
Sexual Offences (Amendment) Act 1992 (c. 34)
2
In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation),
in subsection (1A) for “incitement” substitute “encouragement and
assistance”.
40

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law
63

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3
In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000
(offences under service law), in subsection (3) for “incitement” substitute
“encouragement and assistance”.
Sexual Offences Act 2003 (c. 42)
5
4     (1)
The Sexual Offences Act 2003 is amended as follows.
      (2)
In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in
sub-paragraph (3) for “incitement” substitute “encouragement and
assistance”.
      (3)
In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in
10
sub-paragraph (2) for “incitement” substitute “encouragement and
assistance”.
Criminal Justice Act 2003 (c. 44)
5
In section 233 of the Criminal Justice Act 2003 (offences under service law),
in subsection (2) for “incitement” substitute “encouragement and
15
assistance”.
Gambling Act 2005 (c. 19)
6
In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in
paragraph 22A for “incitement” substitute “encouragement and assistance”.
Armed Forces Act 2006 (c. 52)
20
7
The Armed Forces Act 2006 is amended as follows.
8
In section 39 (attempts), in subsection (4)(b) for “inciting another person to
commit” substitute “encouraging or assisting the commission of”.
9
For section 40 (incitement) substitute—
“40
Encouraging and assisting
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(1)
A person subject to service law commits an offence if he encourages
or assists the commission of a service offence (other than an offence
under section 42).
(2)
A civilian subject to service discipline commits an offence if he
encourages or assists the commission of an offence mentioned in
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section 39(4).
(3)
Reference in this section to encouraging or assisting the commission
of an offence is to the doing of an act that would have constituted an
offence under Part 2 of the Serious Crime Act 2007 if the offence
encouraged or assisted had been an offence under the law of England
35
and Wales.
(4)
In determining whether an act would have constituted an offence
under that Part, section 46(4) of that Act has effect as if for “offences
under this Part and listed offences” it read “offences under sections
39 and 40 of the Armed Forces Act 2006”.
40

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law
64

(5)
Any requirement in that Part to specify matters in an indictment
applies for the purposes of this section as it applies for the purposes
of that Part, but with references to the indictment being read as
references to the charge sheet.
(6)
A person guilty of an offence under this section is liable to the same
5
punishment as he would be liable to if guilty of—
(a)
the service offence encouraged or assisted; or
(b)
if convicted of the offence under this section by reference to
more than one such service offence, any one of those service
offences.”
10
10
Accordingly, in the heading immediately before section 39 for “incitement”
substitute “encouragement and assistance”.
11
For section 46 (inciting criminal conduct) substitute—
“46
Encouraging or assisting criminal conduct
(1)
Subsection (2) applies if a person subject to service law, or a civilian
15
subject to service discipline, encourages or assists the doing of an act
(or one or more of a number of acts) that, if done in England or Wales,
would be punishable by the law of England and Wales.
(2)
Regardless of where that act (or those acts) might be done and of his
state of mind with respect to that question, his encouragement or
20
assistance shall be treated for the purposes of section 42(1) as an act
that is punishable by the law of England and Wales (so far as it is not
such an act in any event).
(3)
Reference in this section to encouraging or assisting is to an act that
would constitute an offence under Part 2 of the Serious Crime Act
25
2007 disregarding any provision in that Part about the place where
the act (or acts) being encouraged or assisted might be done or the
accused’s state of mind with respect to that question.”
12
In section 48 (provision supplementary to sections 43 to 47), in subsection
(1)(a) for “incitement” substitute “encouragement or assistance”.
30
13
In Schedule 2 (list of serious offences)—
(a)
in paragraph 11 for “inciting another person to commit” substitute
“encouraging or assisting the commission of”;
(b)
in paragraph 13 for “of incitement to commit” substitute “under Part
2 of the Serious Crime Act 2007 of encouraging or assisting the
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commission of”.